SMC4 Cloud Service Terms & Conditions
Terms and Conditions: Version SMC4-14
Last Updated 3rd March 2016
Please read this agreement ("Agreement") carefully before using the Social Media C4 Cloud Service, hereafter referred to as the Service.
This Agreement contains the terms and conditions of using the Service and is between Integritie (UK) Ltd, hereafter referred to as "Integritie" and You, the party, agreeing to the terms of this Agreement, You are hereafter referred to as 'You' or the 'Customer'.
By using the Service, and any Service, software, application, plug-in, component, and or functionality, You are agreeing to the following Service terms and conditions. These terms and conditions, along with any other policies or guidelines posted on the www.smcapture.com/conditions/SMC4_contracts.php site, shall govern Your use of the Service, whether directly or through a third-party site. Please read them carefully before using this Site or the Services.
Customer may not use the Service without first agreeing to this Agreement. By clicking the "Accept" or similar button, completing a registration process, and / or otherwise using any of the Service, Customer agrees to be bound by the terms of this Agreement.
If the party executing this Agreement is entering into this Agreement on behalf of a company or other legal entity, the party represents and warrants that it has the authority to bind such entity to this Agreement.
These Terms of Service include the privacy policy. By accessing and using the Service You are consenting to (or promising that You have obtained appropriate consent for) the collection and use of personal information by Integritie in accordance with the Service privacy policy. Should You have any questions concerning this Agreement, please contact us by email at: info@smcapture.com
1) MODIFICATIONS TO THIS AGREEMENT
Integritie may update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute Your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service which are currently available at www.smcapture.com/conditions/SMC4_contracts.php where they can view online terms.
Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage You to check the date of our terms and conditions whenever You visit this Site to check if they have been updated. You should review this agreement on a regular basis to keep Yourself apprised of any changes. If You do not agree to the revised terms and conditions, Your sole recourse is to immediately stop all use of the Service. Your continued use of the Service following the posting of modifications will constitute Your acceptance of the revised terms and conditions.
Should You have any questions regarding the use of the Service, please visit our help page at: http://www.smcapture.com/contactus.php and please submit a helpdesk ticket.
2) YOUR SERVICE ACCOUNT REGISTRATION OBLIGATIONS.
To obtain and use the Service, You will be required to register to use the Service from our web site http://smcapture.kc-ol.com/registration.php.
When registering with Service You agree to:
a) provide true, accurate, current and complete information about Yourself as prompted by the Service registration process (such information being the "Registration Data") and;
b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof).
c) You are responsible for maintaining the security of Your account login information and for any activities or actions occurring under Your account. Integritie will not be responsible for any loss or damages resulting from Your failure to comply with this obligation.
d) You must be human. Accounts registered by "bots" or other automated methods are not permitted.
e) One person or legal entity may not maintain more than one free account.
You may not authorise any third party to access or use the Service on Your behalf. You are responsible for maintaining the confidentiality of Your User ID and password, and are fully responsible for all activities that occur under Your user ID or password. You agree to immediately notify Integritie of any unauthorised use of Your user ID or password or any other breach of security. Integritie cannot and will not be liable for any loss or damage arising from any unauthorised use of Your account.
3) CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By registering to use the Service, you understand that Integritie may send you communications or data regarding the Services, including but not limited to
a) notices about your use of the Service, including any notices concerning violations of use,
b) Service updates,
c) new Service features and functions,
d) promotional information and materials regarding the Service products and services,
We give you the opportunity to opt-out of receiving communications including electronic mail from us by following the opt-out instructions provided in the message.
4) USER CONDUCT, ACCEPTABLE USE POLICY, USER CONTENT.
Unauthorised use of the Service, or the resale of the Service without Integritie prior written consent, is expressly prohibited. You the Customer shall not modify, enhance, translate, reproduce, copy, sell, resell, sublicense, rent, lease, transfer, distribute, publish, or assign Your license to the Services in any format to any third party. In addition, You may not use the Service in any way that violates applicable local or international law, or for any unlawful purpose. Further, You may not use the Service to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of the Service or others.
To the extent that the Service provides Users an opportunity to store and exchange information, materials, data, files, programs, ideas and opinions ("User Content"), You hereby represent and warrant that You have all necessary rights in and to all User Content You provide and all information contained therein. By registering to use the Service, You understand and acknowledge that Service and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such content for the sole purpose of providing to You the Service for which You have registered. In the event that You give Service the right to distribute Your content, additional terms may apply to the Service usage or distribution of this content. You continue to retain all ownership rights in any User Content You provide and shall remain solely responsible for Your conduct, Your User Content, and any material or information transmitted to other Users for interaction with other Users. Integritie and the Service do not claim any ownership rights in any User Content.
Content posted by Users and other non-Service contributors are generally not reviewed by Integritie. Integritie shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that Integritie , in its sole discretion, deems to be;
a) inconsistent with Integritie's strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence or prejudicial content) and/or these Terms of Use; or
b) possibly in violation of applicable law. In addition, Integritie has the right to remove any content if Integritie has reason to believe that displaying such content may infringe the rights of a third party or subject Service to expense or liability.
Please notify Integritie by email to content@smcapture.com regarding any content that You believe might violate applicable law or Your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Integritie does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any Integritie customer, employee, partner or member. Engaging in any such behaviour may at Integritie's sole discretion result in the immediate termination of Your Service and account.
Integritie reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Integritie's response to a future complaint. You acknowledge and agree that Integritie shall not assume or have any liability for any action or inaction by Integritie with respect to any User Content
Integritie reserves the right, in its sole discretion, to deactivate and/or require a change of name for any user Vanity URL for any reason or for no reason. Integritie may exercise such right at any time, with or without prior notice. Upon receipt of notice from Integritie of its decision, subscriber will immediately provide Integritie with a replacement name for the Vanity URL acceptable to Integritie, or the Vanity URL will be cancelled. Without limiting the generality of Integritie's discretion, among the reasons Service may determine a Vanity URL is unacceptable are abuse of the feature, violation of any of these terms of service, infringement or potential infringement on third party intellectual property rights such as trademark or copyright, misrepresentation, or failure to pay pursuant to the terms of any service agreement.
Additionally, Integritie reserves the right, without limitation, to terminate Your access to and use of the Service if, in Integritie's view Your conduct fails to meet any of the following guidelines for User conduct:
1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Service site, computer systems and network, or the Service.
2. You may not attempt to interfere with any other person's use of the Service.
3. You may not misrepresent Your identity or impersonate any person.
4. You may not attempt to gain access to any account, computers or networks related to the Service without authorisation.
5. You may not attempt to obtain any data through any means from the Service, except if we intend to provide or make it available to You.
6. You may not attempt to charge others to use the Service either directly or indirectly.
7. You may not use the Service to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
8. You may not use the Service for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
9. You may not use the Service to send or otherwise make available, any material protected by intellectual property laws unless You own or control the rights to such material or have received all necessary consents.
10. You may not use the Service to send or otherwise making available any material that contains unsolicited email, SMS's, spam, viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer or property.
11. You may not use the Service to download any material sent by another User of the Service that You know, or reasonably should know, cannot be legally distributed in such manner.
12. You may not use the Service to violate any code of conduct or other guidelines which may be applicable to the Service or the Site.
13. You may not use the Service to harvest or otherwise collecting information about others.
14. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by the Service in connection with the Service Site or the Service.
15. You may not use the Service in a manner that results in excessive bandwidth usage, as determined by a representative of Integritie. Use of the Service on the Site as well as use of the Service on any desktop application will be applied toward such bandwidth usage. If Your bandwidth usage significantly exceeds the average bandwidth usage of other Service customers (as determined by Service in its sole discretion), Integritie reserves the right to immediately disable or impose restrictions upon Your account until You reduce Your bandwidth consumption.
16. Integritie reserves the right to refuse to provide the Service to anyone for any reason at any time.
17. All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Integritie. Service reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Integritie's response to a future complaint. You acknowledge and agree that Integritie shall not assume or have any liability for any action or inaction by Integritie with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
5) INTELLECTUAL PROPERTY RIGHTS AND NOTICES.
Except for the licenses granted herein, You have no right, title or interest (including without limitation all patents, copyrights, trade secrets or other proprietary rights) in or to the Service or any content. You agree that Integritie or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and content, including, without limitation, Service text, images, photos, sounds, videos or other materials uploaded, downloaded or appearing on the Service (collectively "Content"). Any new features added to or augmenting the Service are also subject to these Terms.
All contents of the Service's Site and Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2016 Integritie, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party web site or other networked computer environment) without the express prior written consent of Integritie and/or it suppliers, affiliates, or licensors. All rights reserved.
Service and the Service logo are including without limitation, either trademarks, service marks or registered trademarks of Service, and may not be copied, imitated, or used, in whole or in part, without Integritie's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
Integritie may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Service. Unless Integritie have granted You licenses to our intellectual property in these terms and conditions, our providing You with such web pages does not give You any license to our intellectual property. Any rights not expressly granted herein are reserved.
6) NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Integritie respects copyright law and expects You and Users to do the same. Integritie expressly prohibits the use of its Service for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Service. In addition, Service may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Integritie claims of copyright or advise Your intellectual property infringement ("Agent") the written information specified below:
a) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work that You claim has been infringed upon;
c) A description of where the material that You claim is infringing is located on the Site;
d) Your address, telephone number, and e-mail address;
e) A statement by You that You have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
f) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner's behalf.
7) THIRD PARTY CONTENT, SITES AND SERVICES.
All transactions using the Service are between the transacting parties only. The services may contain features and functionalities linking You or providing You with certain functionality and access to third party content, including web sites like Facebook, Twitter and other directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Integritie may also provide some content to You as part of the Service. However, Integritie is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between You and the applicable third-party. Similarly, Integritie are not responsible for any third party content You access with the Service, and You irrevocably waive any claim against Integritie with respect to such sites and third-party content. Integritie shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such third-party.
You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for Your dealings with any third party related to the Service, including the delivery of and payment for goods and services. Should You have any problems resulting from Your use of any third party services, or should You suffer data loss or other losses as a result of problems with any of Your other service providers or any third-party services, Integritie will not be responsible unless the problem was the direct result of our breaches.
You must comply with the relevant terms and conditions of any such Third Party Service Provider.
8) DESKTOP SOFTWARE.
If You have licensed Service software that allows You to use the Service on Your desktop ("Desktop Software"), You understand and agree that any information, materials, data, files, programs, ideas and opinions provided or made available by You through the Desktop Software constitutes "User Content". By licensing the Service Desktop Software, You grant Integritie and its contractors an irrevocable, royalty-free, worldwide license to access, use, modify, and delete User Content on Your desktop through the Service Desktop Software for the sole purpose of providing to You the Service, including, without limitation, the synchronisation of files between the Service Desktop Software and the Service Site. You acknowledge and agree that Integritie shall not assume or have any liability for any action or inaction by the Service with respect to any such User Content, including, without limitation, the loss of such User Content.
Without limiting the generality of Section 4 USER CONDUCT, ACCEPTABLE USE POLICY, USER CONTENT, You may not use the Service, including the Service Desktop Software, in a manner that results in excessive bandwidth usage, as determined by a representative of the Service. Integritie reserves the right, in its sole discretion, to determine whether and what action to take in response to any excess bandwidth usage, including, without limitation, limiting Your bandwidth usage or charging You for such excess usage.
If You have licensed the Service Desktop Software, Integritie reserves the right, in its sole discretion, to make unscheduled deployments of updates or enhancements to the Service Desktop Software. You acknowledge and understand that during such deployments, certain functionality of the Service Desktop Software may be unavailable and outages may occur.
9) PRIVACY
Integritie has an established Privacy Policy to explain to Users how their information is collected and used, which You can read in full on our Site here: http://www.smcapture.com/conditions/privacy.php
Your use of the Service signifies acknowledgment of Your, the Customer agreement to the Service Privacy Policy.
You further acknowledge and agree that Service may disclose Your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of Service, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.
10) INTEGRITIE MAKES NO WARRANTIES.
While Integritie commits to take all possible commercial care, Integritie is in no way liable for loss of Customer data or any content. Under no circumstances will Integritie be held accountable for any loss of customer data or any Content. By becoming a Service user You, the Customer, acknowledge that You forfeit the right to hold Integritie accountable for any and all technical errors, including loss of user files (customer data).
Integritie intends for the information contained on its Site and Service to be accurate and reliable; however, errors sometimes may occur. In addition, Integritie may make changes and improvements to the information provided herein at any time. INTEGRITIE PROVIDES ITS SITE AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Service, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A "SERVICE PARTY," AND COLLECTIVELY, THE "SERVICE PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE SERVICE PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION
a) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT,
b) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND
c) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
11) LIMITATIONS OF LIABILITY.
IN NO EVENT WILL ANY INTEGRITIE PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE WEB SITE OR SERVICE, EVEN IF SUCH INTEGRITIE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 11 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM
a) BREACH OF CONTRACT,
b) BREACH OF WARRANTY,
c) NEGLIGENCE, OR
d) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Service PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
In the event that, notwithstanding the foregoing disclaimers and indemnification, Integritie is found responsible to any Service User for any reason whatsoever, Integritie's responsibility shall be limited to the amounts actually paid by such user for the Service, and shall not include punitive damages or consequential or resulting damages of any nature.
12) CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.
INTEGRITIE MAY CHANGE THE SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON OR DISCONTINUE WHOLE OR PART OF THE SERVICE WITHOUT NOTICE, INCLUDING RELEASES OF NEW FEATURES, TOOLS OR RESOURCES, SHALL BE SUBJECT TO THESE TERMS OF SERVICE. INTEGRITIE MAY ALSO STOP (TEMPORARILY OR PERMANENTLY) PROVIDING THE SERVICE (OR ANY PART OF THE SERVICE) TO YOU OR TO ITS CUSTOMERS GENERALLY WITHOUT PRIOR NOTICE. WITHOUT LIMITING THE GENERAL NATURE OF SECTION 9 'PRIVACY' and SECTION 10 'INTEGRITIE MAKES NO WARRANTIES', INTEGRITIE IS NOT RESPONSIBLE OR LIABLE FOR
a) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, LIBELOUS, PORNOGRAPHIC, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR
b) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTION 8 'DESKTOP SOFTWARE' AND SECTION 9 'PRIVACY', INTEGRITIE IS NOT RESPONSIBLE OR LIABLE FOR
a. ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES,
b. ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE,
c. ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER,
d. ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE SERVICE DESKTOP SOFTWARE, OR
e. ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13) INDEMNIFICATION.
You agree to indemnify, defend and hold harmless, Integritie, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by You.
Integritie reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by You, in which event You will fully cooperate with Integritie in asserting any available defences.
14) CANCELLATION AND TERMINATION OF SERVICE.
Without limiting the general nature of section 15 PAYMENT OF FEES; AUTOMATIC RENEWAL, You may terminate Your user account upon notice to Integritie at any time.
Integritie may modify, suspend or terminate Your account without notice or refund to You if You violate this Agreement. Integritie may refuse any/all future use of the Service if your account is terminated. Integritie will take all reasonable actions and effort to contact You directly via email or other means to warn You prior to suspension or termination of Your account.
1. If You choose to terminate your account You are required to provide 30 days notice of your intent to cancel, You are solely responsible for doing so completely and accurately. The account cancellation procedure is as follows:
(a) Email cancel@smcapture.com
2. Your account termination will take effect 30 days after acknowledged receipt of Your email Notification by a Service Administrator.
3. Once Your account is terminated you will not be able to recover Your content. Termination of your account will result in the deactivation of Your access to the Service and access to Your account. Once You terminate Your account, Your Content cannot be recovered.
4. Once your account is terminated a Service Administrator will delete all of Your Content from the Service within 60 days after your date of termination.
5. Integritie does not accept any responsibility for loss of Content due to account termination
6. The provisions regarding "Use and Restrictions", "Payment Matters", "Cancellation and Termination", "Ownership", "Disclaimer and Limitation of Liability" and "General" and any provisions which by their nature survive, shall survive the termination of these Terms of Service.
Upon termination by Integritie or at Your instruction, You may request a copy of Your data, which Integritie will make available for a fee.
Integritie may refer to law enforcement authorities if we believe the violation could be cause for public or commercial threat.
15. WHAT AND HOW LONG IS INFORMATION RETAINED.
The Service retains your information in our repository for 30 days, after 30 days it is automatically deleted.
However your information will be retained for greater than 30 days if required by law.
Information can be retained for longer periods if commercially contracted between you and Integritie. Changes to retention rules are subject to contract and additional Service charges.
16) BILLING, PLAN MODIFICATIONS, PAYMENT OF FEES & AUTOMATIC RENEWAL.
1. You, the Customer must provide a valid credit card when registering for the Service.
2. By becoming a Customer of the Service and submitting Your credit card information to Service, You authorise Integritie to charge the billing source You have provided for Your account according to the subscription plan You selected until Your account is terminated.
3. You agree to provide Integritie with complete and accurate billing and contact information. This information includes Your legal company name, street address, e-mail address, and name and telephone number of an authorised billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information You have provided is false or fraudulent, Service reserves the right to terminate Your access to the Service in addition to any other legal remedies. If You believe Your bill is incorrect, You must contact us in writing within 30 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
4. You must fill out Your correct province/state and country so that Service can understand its obligations to applicable taxation authorities.
5. There is no fee for the Lite Service account, if You sign up for a Premium or Enterprise account You will automatically be billed monthly fees starting on the 1st day after Your account was initially created. If You cancel Your account prior to the beginning of the 1st day, You will not be charged any fee. As per the cancellation clause 14.1
6. All fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees.
7. If You cancel the Service before the end of Your current paid-up subscription period, Your cancellation will take effect immediately and You will not be charged again.
8. Should You require any individual or personalised Service setup or training, such technical assistance will be subject to separate negotiated fees and are charged and paid separately from the Service
9. Integritie reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to You, which notice may be provided by e-mail.
10. Should Customer User requirements change within the Licence Agreement period, for example not limited too, but including; increased number of users, increase volume of data, increased transactional usage etc, Integritie reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to You (which may be sent by email to the address You have most recently provided us).
11. If fee payment is not received by the end of the given 30 day time period, the user's account(s) will be frozen, inaccessible, and all shared links will be turned off until all outstanding payments have been processed and received by Integritie.
12. You, the Customer retain the responsibility for settling all outstanding fees in a timely manner and maintaining updated billing information. If not complied with, at the end of 30 days, user's account will be deactivated and will be subject to section 14 CANCELLATION AND TERMINATION OF SERVICE.
13. Should you and Integritie agree payments by invoices, delinquent invoices (accounts in arrears) are subject to interest of 3.0% above Bank of England base rate per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension. If You or Integritie initiates termination of this Agreement, You will be obligated to pay the balance due on Your account computed in accordance with Charges and Payment of Fees agreed between you, the Customer and Integritie before commencement of the Service. You agree that Integritie may charge such unpaid fees to Your deposit, credit card or otherwise bill You for such unpaid fees.
14. Should your access to the Service be suspended and if Integritie authorises reconnection of Customer access to the Service, Integritie reserves the right to impose a reconnection fee in the event the account is reactivated.
15. If You choose to upgrade Your Service plan, for example such as number of users during Your elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to Your account. Subsequently, You will be charged the adjusted rate on Your next billing cycle. If Your payments for the Service are made by credit card, Your credit card will be billed the prorated charge at the time Your account is modified. Regardless of Your billing cycle, there are no refunds or credits for partial months of Service, plan downgrades, or refunds for unused time if You close Your account before the end of Your subscription period. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and Integritie does not accept any liability for such loss.
16. Integritie uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for the Service. For more information about our billing practices and Your personal information please visit Our Privacy Policy at http://www.smcapture.com/conditions/privacy.php
17. Unless specifically agreed upon in writing between the Customer and Integritie at the commencement of a subscription term, or unless the User notifies Service via written notification no later than thirty days prior to the conclusion of the Service term, at the conclusion of any service term, whether monthly, yearly, or otherwise, Integritie will automatically renew the Service for an additional 365 period and will continue to charge the user's credit card for charged paid Services and will invoice for invoiced charged use of the Service, on the first day of the renewal term.
18. The renewal charge will be equal to the then-current Service fee in effect during the prior months term, unless Service has given You at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis.
19. All pricing terms are confidential, and You agree not to disclose them to any third party.
17) REFUND OF CHARGES.
If You, the Customer cancel your account to the Service, Integritie will not be issuing refunds.
The Service fee is billed in advance on a monthly, yearly or otherwise basis (as per the option You have chosen) and is non-refundable. This means that there will be no refunds for partial months of the Service or for months, years or otherwise where the Service was unused. This includes accounts that are renewed in accordance with Section 15 BILLING, PLAN MODIFICATIONS, PAYMENTS OF FEES AND AUTOMATED RENEWAL.
If You have a question while cancelling Your account to the Service, You must give the Service Administration staff adequate time to respond to Your message. Delays in our support system do not qualify as a reason to extend Your Service, or excuse cancelling.
18) AGE CONCENT.
Our Service is not directed for use by persons under 13, hereafter referred to as a 'Minor'.
Integritie allow Minors to use and access the Service only when written authorisation in Letter head paper is provided by the Parent and or Company, for example but not limited to approval from Schools, Social Services, and other Government Agencies.
If you become aware that a Minor has provided us with personal information, please contact us at info@smcapture.com. We do not knowingly collect personal information from Minors.
If we become aware that a Minor has provided us with personal information, we take steps to remove such information and terminate the Minor's account.
19) CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
This agreement is written in English (UK). This agreement shall be governed by and construed in all respects in accordance with the law of England and the parties agree to submit to the exclusive jurisdiction of the English Courts in respect of the interpretation of, and any disputes relating to, this agreement or any of its provisions.,
You expressly agree that exclusive jurisdiction for any claim or dispute with Service or relating in any way to Your use of the Service resides in the English Courts, and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving Service or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers, except;
1) in Australia, the laws of the State or Territory in which the transaction is performed govern this Agreement; and
2) in Canada, the laws in the Province of Ontario govern this Agreement; and
3) in the United States the laws of the State of Delaware govern this Agreement;
Nothing in this Agreement affects any statutory rights of you the Customer that cannot be waived or limited by contract.
20) NOTICES TO INTEGRITIE
You may send notices to Integritie by Postal Address is
Integritie (UK) Limited
Head Office
Social Media C4 Cloud Service
To the Company Secretary
1000 Lakeside
2nd Floor
North Harbour
Western Road
Portsmouth
PO6 3EN
ENGLAND
Or by email to info@smcapture.com,
21) INVALID OR UNENFORCEABLE TERMS.
If any part of the terms and conditions in this Agreement are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
A printed version of these terms and conditions and of any notice given by fax shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
22) GENERAL.
1. Integritie may assign this contract, in whole or in part, at any time with or without notice to You. You may not assign this contract, or any part of it, to any other party. Any attempt by You to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of Service to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
2. You understand that the Service uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
3. You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve:
1) transmissions over various networks; and
2) changes to conform and adapt to technical requirements of connecting networks or devices.
23) COPYRIGHT COMPLAINTS AND REMOVAL POLICY.
Integritie permits registered users of the Service to store and share content. Integritie does not tolerate infringing material on its Service, including equipment or network, and may remove content that appears to infringe any copyright or other intellectual property rights or otherwise violates the Service terms and conditions.
If You believe that Your copyright in any material has been infringed on a site hosted by the Service, email Integritie a summary of any suggested breach. Integritie will investigate Your suggested breach in line with The Digital Economy Act (DEA) 2010 (c. 24), and will then evaluate Your notice and take such action as is appropriate.
To submit a DEA notice of breach of copyright infringement, email Integritie at info@smcapture.com
